U.S. Court of Appeals for the Second Circuit
Sentence Range — Variance
United States v. Stith & Brantley
Judges Katzmann, Parker and Kuntz
Background: Both defendants pleaded guilty to conspiracy to engage in a pattern of racketeering. When sentencing, the court departed from the Sentencing Guideline range by granting them a downward departure. Both defendants sought a reduction in their sentences pursuant to the Fair Sentencing Act. The court amended their sentencing range, but did not grant their requests for a downward departure.
Ruling: The Second Circuit affirmed. The court held that Sentencing Guidelines prohibits the district court from departing or varying from the defendants’ amended guideline ranges, and that the scope of this prohibition included departures under section 4A1.3 of the guidelines.
Paul D. Silver, assistant U.S. attorney, for the appellee; James P. Egan of the Federal Public Defender’s Office for the defendants-appellants